Legal aspects of using proxies

Roman

Oct 02, 2025

Proxy

**Disclaimer:** *This article is for informational and educational purposes only and does not constitute legal advice. Interpretation of laws may vary significantly depending on jurisdiction. For advice on specific legal issues, we strongly recommend consulting a qualified lawyer.*

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### **Legal aspects of proxy use: between anonymity and responsibility**

Proxy servers have become an integral part of the modern internet. For some, they are a tool for protecting privacy and circumventing censorship; for others, they are a key technology for conducting business, marketing, and data analysis. However, as their popularity grows, the question of where the line between legitimate use and illegal activity lies becomes increasingly acute.

Many users mistakenly believe that proxies grant complete anonymity and, as a result, exempt them from liability. This is a dangerous misconception.

In this article, we will conduct a detailed analysis of the legal landscape surrounding proxy technology. We will examine when the use of proxies is completely legal, in which cases it violates the terms of service of websites, and when it crosses the line of criminal law.

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#### **Part 1. The legality of the tool itself: is it permissible to use a proxy?**

Let's start with the basics: in the vast majority of countries around the world, **the mere fact of using a proxy server is entirely legal**. A proxy is a neutral technological tool.

* **Analogy:** A proxy server can be compared to a kitchen knife. A knife is a legal item. You can use it to cut bread, and that would be legal. But if you use the same knife to commit a crime, you will be held responsible not for possessing the knife, but for your actions.

Thus, the legal status of your actions is determined not by the presence of a proxy in the technological chain, but by the **purpose** for which you use it.

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#### **Part 2. Three levels of responsibility: where is the red line?**

All actions performed through a proxy can be divided into three categories based on the level of legal consequences.

##### **Level 1: Violation of the Terms of Service (ToS)**

This is the most common and “gray” area. **ToS** is essentially a public agreement between you and the owner of a web service (social network, marketplace, streaming platform). Violating ToS is not usually a criminal offense, but it can result in serious sanctions from the service itself.

**Typical examples of ToS violations using proxies:**

1. **Parsing/Web Scraping:** Most large websites (especially marketplaces) explicitly prohibit automated data collection in their ToS. By using a proxy to parse prices or content, you are violating this agreement.
   * **Consequences:** IP address blocking, account bans, and in rare cases (when damage is caused to the business) — civil lawsuits. *Example: The well-known case of hiQ Labs v. LinkedIn showed that parsing publicly available data is not always a violation of the law (in particular, the US CFAA), but law enforcement practice remains complex and dependent on jurisdiction.*
2. **Multi-accounting:** Creating and managing multiple accounts on platforms that prohibit it (Google, Facebook, Amazon, bookmakers). Proxies are used here to isolate accounts from each other.
   * **Consequences:** Mass blocking of the entire network of accounts, loss of funds in balances.
3. **Bypassing geo-restrictions:** Using proxies to access content that is not licensed in your region (e.g., watching Netflix series that are not available in your country).
   * **Consequences:** Access blocked, subscription terminated.

##### **Level 2: Civil law violations**

Here, the consequences are more serious, as your actions can cause direct financial or reputational damage.

* **Copyright infringement:** Mass downloading and distribution of copyrighted content via a proxy.
* ** Defamation:** Disseminating false information that damages someone's honor and dignity, using a proxy to conceal your identity.

**Consequences:** Civil lawsuits seeking damages, court orders to cease and desist.

##### **Level 3: Criminal offenses**

This is a completely off-limits area. Using a proxy to commit criminal acts does not absolve the user of responsibility, but only complicates the investigation process.

* **Cybercrimes:** Hacking attacks, system hacking, DDoS attacks, carding (bank card fraud), phishing.
* **Distribution of malware.**
* **Access to and distribution of illegal content.**

**Consequences:** Criminal prosecution, fines, imprisonment. It is important to understand that “anonymity does not equal impunity.” Law enforcement agencies have the technical and legal capabilities to deanonymize users, including sending requests to proxy providers.

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#### **Part 3. Jurisdiction and the role of the proxy provider**

A complex question arises in the global network: **which country's laws apply?** The answer depends on three factors:

1. **Your jurisdiction:** The country where you are physically located.
2. **Proxy server jurisdiction:** The country where the provider is registered and its servers are located.
3. **Target resource jurisdiction:** The country where the website you are accessing is located.

**Data processing policy and legal obligations**

* Each proxy provider has its own privacy policy, which describes what data it collects to provide its services. This may include information necessary to create an account, process payments, and ensure stable service operation.
* The key point is that any provider is required to comply with the laws of the country in which it is registered. This means that, upon official request from law enforcement agencies, the data collected by the service may be disclosed. The degree of protection of your information directly depends on the laws of that country and the provisions of the service's privacy policy.

**The responsibility always lies with the user.** No proxy provider will be held legally responsible for the illegal actions of its customers.

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### **Conclusion and recommendations for safe use**

A proxy is a legal and extremely useful tool. Its legal status is determined solely by your goals and actions.

1. **Always assess the goal:** Clearly distinguish between legitimate activity, violation of the ToS, and criminal offense. The risks and consequences vary dramatically.
2. **Avoid “free” proxies:** There's no such thing as a free lunch. Such proxies are often used to intercept your data (Man-in-the-Middle attacks) or belong to botnets, which makes their use extremely risky.
3. **Study the ToS:** Before starting automated work with any resource, carefully study its Terms of Service.
4. **Choose your provider wisely:** Give preference to trusted services with **clear and detailed privacy policies.** Carefully review what data the service collects and for what purposes in order to make an informed choice.
5. **Use high-quality tools:** For legitimate tasks, such as market analytics, using high-quality residential or mobile proxies reduces the likelihood of even accidental triggering of security systems.

Anonymity is a right, but it does not negate responsibility. Use technology wisely and ethically.

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